What You Need to Know About Pregnant Employee Rights in California
California law gives pregnant women-specific rights in the workforce. Here’s everything you need to know about pregnant employee rights in California.
Pregnancy-based discrimination in the workforce is illegal in California. Many laws surround pregnant employees’ rights to provide recovery for any lost wages or benefits resulting from discrimination.
Forms of Pregnancy Discrimination
Illegal pregnancy discrimination forms in the workforce include:
- Demotion
- Failure to promote
- Failure to provide pregnancy-related accommodations
- Failure to provide the proper benefits or bonuses
- Refusal to hire
- Termination
Workplace Accommodations for Pregnant Women
Pregnant employees can provide a doctor’s note stating they medically require the following workplace accommodations:
- A chair, if necessary
- Assistance with physically demanding duties
- Flexible hours
- Frequent breaks
- Leave of absence
- Modification of job duties
Related: California PTO FAQs
Pregnancy Disability Leave
In California, the Pregnancy Disability Leave Act applies to all pregnant employees working at an establishment with five or more employees and allows four months of leave. An employer cannot offer pregnancy leave unless the employee requests it due to pregnancy, childbirth, or other pregnancy-related medical conditions.
The following conditions guarantee a woman the right to the Pregnancy Disability Leave:
Childbirth recovery
Hypertension due to pregnancy
Miscarriage
Prenatal care
Postpartum depression
Severe morning sickness
Related: California Employment Laws: Your Rights
The Family and Medical Leave Act
California applies the Family and Medical Leave Act to establishments with fifty or more employees who have worked 1250 hours. Employees can receive 90 days of leave for a medical condition.
FAQs About Pregnant Employee Rights in California
If a pregnant employee requests a workplace accommodation, can an employer demote the employee to a lower position or reduce compensation?
California law prohibits an employer from demoting a pregnant employee to a lower position or reducing their compensation.
Does an employer have to pay maternity leave?
California does not require an employer to pay maternity leave, although a pregnant employee may be eligible for State Disability Insurance.
If a pregnant employee’s job duties pose a risk to themself or their unborn baby, may she file for State Disability Insurance?
A pregnant employee may file for State Disability Insurance if a doctor finds it unsafe to perform her usual job duties.
How long do the benefits from the State Disability Insurance last?
The State Disability Insurance benefits last between six to twelve weeks, depending on each pregnancy.
Can a pregnant woman take both Pregnancy Disability Leave and Family and Medical Leave?
A pregnant employee can take four months of Pregnancy Disability Leave and three months of Family and Medical Leave if they meet the requirements.
Contact Us
If you or a loved one would like to learn more about Pregnant Employee Rights California, get your free consultation with one of our Employment Attorneys in California today!